Many licensed producers are curious about how they can promote their product and their brand now that the Cannabis Act is in force. When preparing any materials that will be provided to registered clients, potential consumers or health care practitioners, we suggest licensed producers ensure they are familiar with the legislative environment applicable to promotional materials.

With the legalization of recreational cannabis approaching, regulations are being set to control the advertising and promotion of the product. Health Canada has indicated that it will not be pre-publishing the regulations for consultation. At this time, it does not appear that the proposed regulations will supplement the advertising provisions of the Cannabis Act, except in relation to packaging and labelling.

A deal to set a timeline for the Senate to hold its final vote on the legalization of recreational use of cannabis comes as a response to indications that passage of the highly anticipated legislation could be delayed.

Canadians have been anticipating the legalization of cannabis since it formed part of the Liberal Party of Canada platform in the 2015 federal election campaign. On Thursday, April 13, 2017, the Government of Canada made a significant step towards enacting the platform promise when it tabled draft legislation—the Cannabis Act (the “Act”). The Act overhauls Canadian criminal legislation pertaining to the sale of cannabis and sets out a legal framework for its production, distribution and possession. The Government has indicated that it intends for the Act to come into force before July 2018.

On April 13, 2017, the Government of Canada introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the Cannabis Act). Consistent with the Liberal Party of Canada’s 2015 election promise, the Government of Canada believes that the Cannabis Act will “create a strict legal framework for controlling the production, distribution, sale and possession of cannabis in Canada.”